How the Program Works
A. Program Participation, GenerallyTo participate in the Program, Referrers should sign in to their
yivera.com account, navigate to their profile page on yivera.com, and copy their unique referral link to refer friends.
Individuals who receive a referral via a Referrer are 'Friends' (or, singly, a 'Friend'). An 'Eligible' Referrer who is fully compliant with these Terms and Conditions may receive 'Reward(s)' for every 'Qualified Referral' (all terms in quotes to be understood as defined below).
By participating in the Program, a Referrer represents that he or she has her Friends' prior consent to provide their contact information.
B. Eligible ReferrerTo be eligible you must:
• Be at least 18 years old
• Be a legal resident of any country in the world
C. Making a ReferralA Referrer must register at Yivera.com to get their unique referral link to make a referral. No previous purchase is required (purchasers and non-purchasers alike are eligible). To refer a Friend, the referrer would give the referee their referral link, and the referee will register on yivera.com using the unique referral link of the referrer. After the friend or Referee signs up, the referee will receive a confirmation email to verify their account after which the referral process would have been partially complete.
Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with Yivera or participate in the Program using multiple or fake email addresses or identities.
D. Qualified ReferralsA "Qualified Referral" means that all the following conditions are met:
• The Friend completed the purchase of at least $1 USD of Yivera products in one order and purchased through direct sales on the website yivera.com. If a Friend purchases from or registers with Yivera using any other method, the registration will not count as a Qualified Referral and the Referrer will not earn Credit
• The Friend had not previously made a purchase with Yivera under any email address or alias
• The Friend is a) a legal resident of any country in the world and b) at least 18 years old
• Only one Qualified Referral can be earned for each Friend, up to a maximum of twenty (20) Friends per calendar year, unless otherwise allowed by Yivera
E. Earning RewardsThe referrer shall receive 10% of the value of the purchase made by the referee less tax and bank fees for each verified Qualified Referral generated by the Referrer. Referrers may earn an unlimited amount of Rewards per calendar year for Qualified Referrals.
Rewards may be redeemed at Yivera's sole discretion, including, but not limited to, a credit to their credit wallet which can be used to make purchases on Yivera. Restrictions may apply. However, users registered as aggregators can redeem the amount in their credit wallet in forms of cash rewards if the amount is up to $50 (fifty US dollars).
F. Verified Qualified ReferralsRewards are subject to verification. Yivera may delay a Reward for the purposes of investigation. Yivera may also refuse to verify and process any transaction Yivera deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Yivera, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives, and agents. All of Yivera's decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.
G. Transfer and Value of Credit and RewardsRewards may have no monetary value and may not be redeemed for cash except where expressly stated by Yivera. Rewards are not transferable and may not be auctioned, traded, bartered, or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.
III. Content Ownership and Use
A. Yivera's online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Referrer and Yivera, all Content is the property of Yivera or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Yivera's online platform or the Program is the exclusive property of Yivera and is protected by copyright, trademark, and other laws.
B. License to You
Yivera authorizes you, subject to these terms, to access and use Yivera's online platform, the Program, and the Content solely for your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
C. Trademarks
The registered or unregistered logos, product and service names contained in Yivera's online platform or the Program are or may be trademarks of Yivera or its licensors (the "Marks"). Without Yivera's prior written permission, and except as solely enabled by any link as provided by Yivera, you agree not to display or use in any manner the Marks.
D. User-Submitted Content
The registered or unregistered logos, product and service names contained in Yivera's online platform or the Program are or may be trademarks of Yivera or its licensors (the "Marks"). Without Yivera's prior written permission, and except as solely enabled by any link as provided by Yivera, you agree not to display or use in any manner the Marks.
IV. Liability
A. By participating in the Program, Referrers agree to:
• Be bound by these Terms and Conditions, the decisions of Yivera and its designees, and the Privacy Policy of Yivera
• Defend, indemnify, release and hold harmless Yivera, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrers' participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward)
B. YIVERA shall not be liable for:
• Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission
• Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors
• Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials
• Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program
• Claims, demands, and damages in disputes among Referrers or between Referrers and Friends
• Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Program, that were not reasonably foreseeable to Yivera at the relevant time
C. Yivera disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond Yivera's control corrupt the administration, security or proper operation of the Program.
D. Yivera shall not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.
E. Yivera reserves the right to cancel or suspend the Program should Yivera determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
F. Disclaimer of Warranties:
REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND Yivera EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) Yivera MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
G. Limitation of Liability and Indemnification:
REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT Yivera (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Yivera WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, Yivera'S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD.
REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.
V. Conduct
A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), Yivera reserves the right to cancel, change, or suspend the Program.
B. Prohibited Conduct, Generally
Referrers agree not to use the Program to:
• Violate applicable law
• Infringe the intellectual property rights of Yivera or any third parties
• Stalk, harass, or harm another individual
• Collect or store personal data about other Referrers
• Impersonate any person or otherwise misrepresent Referrer's identity
• Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks
• Interfere with another Referrer's use of the Program
• Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program
• Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features
• Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others
• Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others
C. Bulk Distribution ('Spam')
If a Referrer provides a Personal Link to Yivera.com/Refer_username to a Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.
Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Yivera's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's participation in the Program. Yivera has a no-tolerance spam policy.
Yivera has no obligation to monitor the content provided by Referrers; however, Yivera may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
While Yivera is the actual sender of the referral email, each Referrer must nonetheless comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify Yivera and all of the Released Parties against any liabilities, costs and expenses incurred as a result of such violation.
D. Fraudulent and Suspicious Behavior
Yivera may prohibit a Referrer from participating in the Program or receiving a Credit or Reward, in Yivera's sole discretion, if Yivera determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of Yivera.
Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
Referrers may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
Yivera reserves the right to disqualify any Referrer and/or cancel any Reward(s) if Yivera finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, Yivera RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.